A.
Food Code. These provisions shall be known as the
"Menominee Food Code," hereinafter referred to as the "code."
B.
Food safety, illness prevention, and honest presentation.
The purpose of this code is to safeguard public health and provide
to consumers food that is safe, unadulterated, and honestly presented.
C.
Scope. This code establishes definitions; sets standards
for management and personnel, food operations, and equipment and facilities;
and provides for food establishment plan review, permit issuance,
inspection, employee restriction, and permit suspension. This code
applies to all food dispensaries, restaurants, retail food establishments,
retail food outlets, temporary food establishments, and seasonal food
establishments.
D.
Permits, fees, and enforcement. Permits, fees, and enforcement of this code shall be in accordance with Article VIII.
E.
Right of entry. The issuance of a license under this
code carries with it the implied consent that the Environmental Services
Department (ESD) shall have at all times the right of proper entry
upon any and all parts of the premises of any place in which such
entry is necessary to carry out the provisions of this code. It shall
be unlawful for any person to resist proper entry by the ESD representative
upon any premises.
The following definitions apply in the interpretation
and application of this code.
Acceptable to the regulatory authority based on a determination
of conformity with principles, practices, and generally recognized
standards that protect public health.
Reduced in size by methods including chopping, flaking, grinding,
or mincing. "Comminuted" includes fish or meat products that are reduced
in size and restructured or reformulated, such as gefilte fish, formed
roast beef, gyros, ground beef, and sausage, and a mixture of two
or more types of meat that have been reduced in size and combined,
such as sausages made from two or more meats.
A foodborne disease outbreak in which laboratory analysis
of appropriate specimens identifies a causative organism and epidemiological
analysis implicates the food as the source of the illness.
A person who is a member of the public, takes possession
of food, is not functioning in the capacity of an operator of a food
establishment or food processing plant, and does not offer the food
for resale.
A material that maintains acceptable surface cleanability
characteristics under prolonged influence of the food to be contacted,
the normal use of cleaning compounds and sanitizing solutions, and
other conditions of the use environment.
A point or procedure in a specific food system where loss
of control may result in an unacceptable health risk.
A provision of this code that, if in noncompliance, is more
likely than other violations to contribute to food contamination,
illness, or environmental degradation.[1]
A room or area designated for the storage of packaged or
containerized bulk food that is not potentially hazardous and dry
goods such as single-service items.
A characteristic of a surface that:
Allows effective removal of soil by normal cleaning
methods;
Is dependent on the material, design, construction,
and installation of the surface; and
Varies with the likelihood of the surface's
role in introducing pathogenic or toxigenic agents or other contaminants
into food based on the surface's approved placement, purpose, and
use.
Weighing 30 pounds (14 kilograms) or less; mounted
on casters, gliders, or rollers; or provided with a mechanical means
requiring no more than 30 pounds (14 kilograms) of force to safely
tilt a unit of equipment for cleaning; and
Having no utility connection, a utility connection
that disconnects quickly, or a flexible utility connection line of
sufficient length to allow the equipment to be moved for cleaning
of the equipment and adjacent area.
The permit holder, person in charge, person having supervisory
or management duties, person on the payroll, family member, volunteer,
person performing work under contractual agreement, or other person
working in a food establishment.
An article that is used in the operation of a food establishment,
such as a freezer, grinder, hood, ice maker, meat block, mixer, oven,
reach-in refrigerator, scale, sink, slicer, stove, table, temperature
measuring device for ambient air, vending machine, or warewashing
machine.
The Environmental Services Department of the Menominee Indian
Tribe of Wisconsin.
Fresh or saltwater fin fish, molluscan shellfish, crustaceans,
and other forms of aquatic animal life other than birds or mammals
and includes any edible human food product derived in whole or in
part from fish, including fish that has been processed in any manner.
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
An incident in which two or more persons experience a similar
illness after ingestion of a common food and epidemiological analysis
implicates the food as the source of the illness, or a single case
of illness such as one person ill from botulism or chemical poisoning.
A surface of equipment or a utensil with which food normally
comes into contact or a surface of equipment or a utensil from which
food may drain, drip, or splash into a food or onto a surface normally
in contact with food.
A unit or location where food is prepared and intended for
individual consumption in an institutional-type setting, regardless
of whether or not there is a charge for the food. This term includes
any such place whether consumption is on or off the premises.
An individual working with unpackaged food, food equipment
or utensils, or food-contact surfaces.
Any facility that serves or provides food to the public.
"Food establishment" includes food dispensaries, restaurants, retail
food establishments, retail food outlets, temporary food establishments,
and seasonal food establishments. "Food establishment" does not include
an individual preparing and selling food out of his or her own home.
An animal, the products of which are food, that is not classified
as cattle, sheep, swine, poultry, or fish that is not processed in
slaughtering and packing plants inspected and certified by the United
States Department of Agriculture. Game animals include deer, rabbits,
squirrels, bear, ducks, geese, ruffed grouse, pheasant, and wild fish.
A biological, chemical, or physical property that may cause
an unacceptable consumer health risk.
A container that is designed and intended to be secure against
the entry of microorganisms and, in the case of low acid canned foods,
to maintain the commercial sterility of its contents after processing.
A group of persons who are more likely than other populations
to experience foodborne disease because they are immunocompromised
or elderly and in a facility that provides health care or assisted
living services or preschool age children in a facility that provides
custodial care.
A significant threat or danger to health that is considered
to exist when there is evidence sufficient to show that a product,
practice, circumstance, or event creates a situation that requires
immediate correction or cessation of operation to prevent injury based
on the number of potential injuries and the nature, severity, and
duration of the anticipated injury.
Food preparation and storage utensils.
Fabric items such as cloth hampers, cloth napkins, tablecloths,
wiping cloths, and work garments, including cloth gloves.
A unit or location which dispenses non-potentially-hazardous
foods such as beer, liquor, soft drinks, and snack items for consumption
off the premises.
The flesh of animals used as food, including the dressed
flesh of cattle, swine, sheep, or goats and other edible animals,
except fish and poultry, that is offered for human consumption.
Any edible species of fresh or frozen oysters, clams, mussels,
and scallops or edible portions thereof, except when the scallop product
consists only of the shucked adductor muscle.
Bottled, canned, cartoned, securely bagged, or securely wrapped.
The document issued by the regulatory authority that authorizes
a person to operate a food establishment.
The entity that is legally responsible for the operation
of the food establishment, such as the owner, the owner's agent, or
other person, and possesses a valid permit to operate a food establishment.
An association, a corporation, individual, partnership, other
legal entity, government, or governmental subdivision or agency.
Items or substances that may be poisonous, toxic, or a source
of contamination and are used to maintain or enhance a person's health,
hygiene, or appearance. "Personal care items" includes items such
as medicines, first aid supplies, and other items such as cosmetics
and toiletries, such as toothpaste and mouthwash.
The individual present at a food establishment who is responsible
for the operation at the time of inspection.
The structure and interior surfaces of a food establishment,
including accessories such as soap and towel dispensers and attachments
such as light fixtures and heating or air-conditioning system vents.
A receptacle or device that is permanently or temporarily
connected to the water distribution system of the premises and demands
a supply of water from the system or discharges used water, waste
materials, or sewage directly or indirectly to the drainage system
of the premises.
The water supply and distribution pipes; plumbing fixtures
and traps; soil, waste, and vent pipes; sanitary and storm sewers
and building drains, including their respective connections, devices,
and appurtenances within the premises; and water-treating equipment.
Substances that are not intended for ingestion and are included
in four categories:
Cleaners and sanitizers, which include cleaning
and sanitizing agents and agents such as caustics, acids, drying agents,
polishes, and other chemicals;
Pesticides, which include substances such as
insecticides and rodenticides;
Substances necessary for the operation and maintenance
of the establishment, such as non-food-grade lubricants and personal
care items that may be deleterious to health; and
Substances that are not necessary for the operation
and maintenance of the establishment and are on the premises for retail
sale, such as petroleum products and paints.
A food that is natural or synthetic and is in a form capable
of supporting the rapid and progressive growth of infectious or toxigenic
microorganisms or the growth and toxin production of Clostridium botulinum.
"Potentially hazardous food" includes an animal food (a food of animal
origin) that is raw or heat treated; a food of plant origin that is
heat treated or consists of raw seed sprouts; cut melons; and garlic
and oil mixtures.
The physical facility, its contents, and the contiguous land
or property under the control of the permit holder or the physical
facility, its contents, and the contiguous land or property and its
facilities and contents that are under the control of the permit holder
that may impact food establishment personnel, facilities, or operations,
if a food establishment is only one component of a larger organization,
such as a health care facility, hotel, motel, school, recreational
camp, or prison.
Food that is in a form that is edible without washing, cooking,
or additional preparation by the food establishment or the consumer
and that is reasonably expected to be consumed in that form. "Ready-to-eat
food" includes:
Unpackaged, potentially hazardous food that is cooked to the temperature and time required for the specific food under § 335-10;
Raw, washed, and cut fruits and vegetables;
Whole raw fruits and vegetables that are presented
for consumption without the need for further washing, such as at a
buffet; and
Other food presented for consumption for which
further washing or cooking is not required and from which rinds, peels,
husks, or shells are removed.
The Menominee Indian Tribe of Wisconsin, Environmental Services
Department.
A unit or location where food is processed and intended for
individual consumption, usually for retail sale. The term includes
any such place whether consumption is on or off the premises. This
term includes home kitchens that prepare potentially hazardous foods
for sale.
A unit or location in which potentially hazardous food is
manufactured, cut, mixed, ground, packaged, and processed for sale
or distribution to consumers.
A unit or location at which potentially hazardous food is
offered for sale or distribution with no cutting, mixing, grinding,
packaging or processing.
An article manufactured from or composed of materials that
may not reasonably be expected to result, directly or indirectly,
in their becoming a component or otherwise affecting the characteristics
of any food.
The application of cumulative heat or chemicals on cleaned
food contact surfaces that, when evaluated for efficacy, is equal
to a reduction of 99.999% of representative disease microorganisms
of public health importance.
Free of cracks or other openings that allow the entry or
passage of moisture.
Those establishments which are temporary and which do the
preparing and dispensing of food products for a period not to exceed
six calender months during any given calender year.
An operating base location to which a mobile food establishment
or transportation vehicle returns regularly for such things as discharging
liquid or solid wastes, refilling water tanks and ice bins, and boarding
food.
Tableware, carry-out utensils, and other items such as bags,
containers, place mats, stirrers, straws, toothpicks, and wrappers
that are designed and constructed for one-time, one-person use.
Utensils and bulk food containers designed and constructed
to be used once and discarded. "Single-use articles" includes items
such as wax paper, butcher paper, plastic wrap, formed aluminum food
containers, jars, plastic tubs or buckets, bread wrappers, pickle
barrels, ketchup bottles, and No. 10 cans.
The process of moderating the temperature of a food such
as allowing a food to gradually increase from a temperature of -23°
C. (-10° F.) to -4° C. (25° F.) in preparation for deep
fat frying or to facilitate even heat penetration during the cooking
of previously block-frozen food such as spinach.
A food-contact surface having a surface free
of pits and inclusions with a cleanability equal to or exceeding that
of (100 grit) No. 3 stainless steel;
A non-food-contact surface of equipment having
a surface equal to that of commercial-grade hot-rolled steel free
of visible scale; and
A floor, wall, or ceiling having an even or
level surface with no roughness or projections that render it difficult
to clean.
A trained animal such as a Seeing Eye dog that accompanies
a person with a disability to assist in managing the disability and
enables the person to perform functions that the person would otherwise
be unable to perform.
A unit or location which dispenses non-potentially-hazardous
foods such as beer, liquor, soft drinks, and snack items for consumption
on the premises.
A thermometer, thermocouple, thermistor, or other device
that indicates the temperature of food, air, or water.
A food establishment that operates for a period of no more
than 10 consecutive days in conjunction with a single event or celebration.
A food-contact implement or container used in the storage,
preparation, transportation, dispensing, sale, or service of food,
such as kitchenware or tableware that is multi-use, single-service,
or single-use; gloves used in contact with food; and food temperature
measuring devices.
A self-service device that, upon insertion of a coin, paper
currency, token, card, or key, dispenses unit servings of food in
bulk or in packages without the necessity of replenishing the device
between each vending operation.
The cleaning and sanitizing of food-contact surfaces of equipment
and utensils.
